Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1887-02-17
BLACK VS.. THU CITY OF LEW
ISTON.

that the Supreme court had refused 10
order a new trial, and affirmed the judg- |
Ement of the lover court with costs to be
paid by the city. We have heard that
attorneys fees, costs and expenses, incur
red by the city in defending this suit in
the lower court ard in the supreme
court, were in the neishborhood of $2,.
900, which added to the judgement
$500, swells the amount to $500
an expensive suit, which it has been al,
lodged, could have been settled with the
injured man for $500, if disposition
had been shown on the part Of the city
authorities aud their advisers, to pay the
injured man reasonable sum for the
damage done him. But they started of
deGantly with the belief that the city was
not liable, but if there was any liability
in the matter, it was tho county who was
liable, and hencs they made strenuous
efforts to make surveys to show that the
place where the accident happened was
without the city limits. In this they
signally failed, as well they might, as all
who had looked into the matter Of city
boundaries well knew. They then en-
deavorcd to show that the man did not
fall into the hole in the street, which
they failed to show. Agin they at
tempted to show that his injury was not
so great as claimed; in this they also
failed. Then they cudeavcred to show
that the injury, if any was done, was
done prior to his coming to this city; but
this failed them. The jury were Of the
opinion that the city was primarily liable
to what ever damage he had sustained.
His claim was Tor $4,000. Some Of
the jury were for giving him the amount
he claimed, as VIC learned at the time OF
tho rendition of tho verdict, others
thought a less sum, and finally they
agreed to compromise in verdict OF
$500, and SO rendered. The city then
sent an attorney abroad to hunt up evi-
! dencc upon which to base motion for o
new trial, and they procured some and
; upon it founded motion for new trial
But the judge did not find it sufficient Il
induce the belief that lie did not sustain
: the injury, Of which he had complained
as being suffered by reason Of the defec
in the streets Of Lewiston, and the judgt
ovcrruled the motion for new trial
J Upon the overruling Of this motion thu
: city took an appeal, and the late decision
given was upon this appeal, which deniet
the order for new trial and affirmed thu
judgement of the lower court. The cast
on. the part Of the city was conducted il
: the supreme court by our late distric
. attorney, J. w. Parker, assisted by j
9 Blumback 6 Co., Of Boise City, and tn
! appeal was resisted by Silas w. Mood,
ESQ, late controller Of the Territory
The city can have no cause of complain
: that they have not had fair show, Will
Mr.. Black has been the real sufferer, an
the tex payers Of the city have also bee
made the sufferers in the neglect Of tn
officers of the city in not keeping tina
particular street in safe travelling con
dition. Mr.. Blacks leap in the dar
p was no M nc prominent than was that O
q the city in not seeking to. compromis
y this matter with Black aud paying him
y much less sum. 1t does the city n
J. good TO resist claim for damages unlet
:, the evidence is clear that the claim
o unjust and fraudulent. Our city q,
Is thori,ies are not fully up to the unde1
e standing Of their liabilities in their ne.
lect of the s'rcets. IF we are to mali
u tain city government over certai
he portion Of the area of Nez Perez coun,
u we must keep up the public highways
I'd that city, so as not to be dangerous
h, travel either day or night 1t we epjt
the houors Of city government, We mu
m assume the responsibility Of such Cover
Of ment, as expressed in our charte
TO There is no lodging or evasion that CT
Is be practised with credit to our city or
q, inhabitants. Our chickens will be So
u to come home to roost.
n. -~.=.z.@s.z<=1
ID Lyons, Mich, Feb. l3.-The 400
., still continue here and the water is risi'
at the rate Of a foot an hour. IT
waters rushed through the main stlet
lie Of the town, carrying away twenty bull
a ings, and as many more were moved I
as their foundations. Several busint
n fronts were mashed in by floating il
~ The town IS almost deserted, the peoE
re seeking shelter on higher ground. II
It's damage already done will reach ma
'e. thousands of dollars.
I'd MILTON, Feb. l4.-Much indigr
i'll ton is expressed here over the action
Senator Wager in regard to the divisi